Green card or deportation?

[Katia777 0]

Hi. Was your AOS based on Hardship at all?

And mailing in your EAD (I-765), i have not heard of that before. they normally just take it if you are approved.

And yes that seems waaaay too fast for them to send you letter like that, i mean come on this is UCSIS we are talking about.

Please keep us informed and my sincere wishes goes out to you.

ST

Thank you,

I applyed for AOS after I got married and had a baby.

Immigration officer gave me an envelope to send my EAD card and I-94 to USCIS after I will receive my Green Card.

I was also very surprise to find a letter in the mail box next date, it was dated 1/29(day of interview).

[christera22 8]

I am so sorry Katia that you are going thru these. So you are saying u were out of status for 4 yrs before u married ? this is really strange.. pls post back here what happens at the infopass. My prayers are with you .

[anitacastillo 0]

I have no criminal records, and i didn't violate immigration law. The only thing is I was in US without status for around 4 years. I know many people who got there GC after being here without status. I have no idea why it is happenning.

It may still be possible to get your GC, the CO or the supervisor want a follow up interview.

"without status" usually means overstayed visa = waiver needed

[christera22 8]

I have no criminal records, and i didn't violate immigration law. The only thing is I was in US without status for around 4 years. I know many people who got there GC after being here without status. I have no idea why it is happenning.

It may still be possible to get your GC, the CO or the supervisor want a follow up interview.

"without status" usually means overstayed visa = waiver needed

i agree. But just an overstay cannot cause this ......... many a people has overstayed here and its a invisible rule that all overstays are excused absed on marriage to an USC. Thing is (maybe i am misunderstanding) ..... if she has overstayed 4 yrs without knowing his husband, then came toknow him & got married.The IO may be questioning why they took so long to marry ..... 1 yr overstay seem to be ok solong they get married and apply for aos. BUt as it mentions fraud interpretation, seems to be like Stokes.I think they are suspecting that she kept trying to stay back here as she entered in J1, converetd to B1 and then was trying to get F1 which she was denied..... so i think they are suspecting that due to that she got married now. BUt then u shd consider a lawyer as he can give u points on which u can counter to show that this is bonafide.. The letter can be sent my mistake as it came too fast after the interview. Consult a lawyer and keep us posted.

Edited February 4, 2009 by christera22

[Katia777 0]

So we went today into INFOPASS. We spoke to 3 different officers, they all had surprised look on there faces after hearing my story. They check case status: it is pending. They didn't even try to contact the office where was our interview (it is on the different floor of the building). They told us that it is impossible for them to change anything, and suggested to us to wright a letter to the interviewing officer.

That is was waste of time going over there .

[nanny 0]

Hi Katie,

here is my take on the situation as my wife overstayed her visa as well, we got married four and a half years ago. Then when we got married, we went to the lawyers, she asked to see the passport to see if the country where my wife is from is not one of the countries which does require the person to go back to his/her country and stay for 2 to 10 years before she can get back in. Then later we were told that during the overstay or while her green card case was being processed and not approved yet, if she leaves the USA, then she needs to file for a waiver of inadmissability from the country where she went to be able to get back in.

So in other words, if my wife left the USA while she had AOS case with USCIS, then it would have been a risk. Even when she got her work permit, and travel document, they told us that if she leaves US, then she wont be able to get back in and has to file a waiver of inadmissability.

It looks like you have left the USA with your travel document or while your AOS was being processed...

I could be wrong, but that is my explanation.

Nanny

[payxibka 10,047]

Hi Katie,

here is my take on the situation as my wife overstayed her visa as well, we got married four and a half years ago. Then when we got married, we went to the lawyers, she asked to see the passport to see if the country where my wife is from is not one of the countries which does require the person to go back to his/her country and stay for 2 to 10 years before she can get back in. Then later we were told that during the overstay or while her green card case was being processed and not approved yet, if she leaves the USA, then she needs to file for a waiver of inadmissability from the country where she went to be able to get back in.

So in other words, if my wife left the USA while she had AOS case with USCIS, then it would have been a risk. Even when she got her work permit, and travel document, they told us that if she leaves US, then she wont be able to get back in and has to file a waiver of inadmissability.

It looks like you have left the USA with your travel document or while your AOS was being processed...

I could be wrong, but that is my explanation.

Nanny

but since the OP is here they, let her in... so inadmissability would not apply, otherwise she would have been stopped and turned back at the POE

[Diazy 10]

Hi Katie,

here is my take on the situation as my wife overstayed her visa as well, we got married four and a half years ago. Then when we got married, we went to the lawyers, she asked to see the passport to see if the country where my wife is from is not one of the countries which does require the person to go back to his/her country and stay for 2 to 10 years before she can get back in. Then later we were told that during the overstay or while her green card case was being processed and not approved yet, if she leaves the USA, then she needs to file for a waiver of inadmissability from the country where she went to be able to get back in.

So in other words, if my wife left the USA while she had AOS case with USCIS, then it would have been a risk. Even when she got her work permit, and travel document, they told us that if she leaves US, then she wont be able to get back in and has to file a waiver of inadmissability.

It looks like you have left the USA with your travel document or while your AOS was being processed...

I could be wrong, but that is my explanation.

Nanny

Look at Katia777 timeline. She didn't file for AP, so she didn't leave the country

[Katia777 0]

I havn't left USA since I came here 6 years ago.

On the letter it says:

Filing an I601 Waiver of Inadmissability because of fraud or misrepresentation.

I know my husband for 5 and a half years, married almost 2 years. We have a son!!! There is no fraud here. The only thing is coming on my mind, is USCIS has nothing better to do. Just trying to get people to pay them extra fees, for this usless forms.

[bassagitator 1]

If you remain in the states and are unlawful, for 180 days you can file a waiver. So you are probably requesting to have a waiver on this. You have been in the us 180 days or more unlawfully.